spiderlegs Posted August 28, 2012 Report Share Posted August 28, 2012 so long story short around christmas time last year me and 2 mates are working in some woods (im a treesurgeon) next to a road and small village, when we hear what turned out to be a crash. we run over and see a cyclist laying in the road and a car on the wrong side of the road after taking a turn to quickly and hitting the cyclist head on. we help as much as we can untill police and ambulance get there and then fill out witness statements although i didnt see anything just heard it. but this is where it gets tricky iv sinse joined the army as a dog handler and am just about to finish my phase 1 basic training, but a few months ago the mrs gets a summonds for me to appear as a witness. its going to be hard to get the time out of training and looks like i'll have to fund travel from the midlands to the south out of my own pocket! so do i legally have to appear as a witness? i obviously want to help the cyclist as it wasnt her fault and she was badly hurt but its going to be bloody hard to get the time out and i dont see why i should fund the travel myself british rail isnt cheap! plus i didnt even see anything, and id have to find somewhere to stay for a few days. has anyone got any experience of this sort of thing? sorry for the rant. Quote Link to comment Share on other sites More sharing options...
dazza Posted August 28, 2012 Report Share Posted August 28, 2012 How do you know it wasn't her fault if you didn't see anything? Can you actually witness something you didn't see? Quote Link to comment Share on other sites More sharing options...
spiderlegs Posted August 28, 2012 Author Report Share Posted August 28, 2012 haha fair point. thats kinda where im coming from. im pretty sure it wasnt the cyclists fault because the car was on the wrong side of the road immediatly after taking a turn but your right i carnt be sure. just seems a massive amount to ask of me when i didnt even witness anything. Quote Link to comment Share on other sites More sharing options...
CharlieT Posted August 28, 2012 Report Share Posted August 28, 2012 Firstly, the last I knew the court would pay reasonable travel expenses. Secondly, if you contact them and explain the situation, bearing in mind that you were not a witness to the accident, I would expect them to accept your written statement and not require you to attend. Quote Link to comment Share on other sites More sharing options...
Robl Posted August 28, 2012 Report Share Posted August 28, 2012 Your best bet would be to speak to your CO. There may well be some rules in place for such a situation. In terms of what you could offer I have no idea. You didn't see it, you're not an expert witness in terms of car position and road layout. Unless the driver said something to you they have now retracted I'm not sure what you would have to offer that wouldn't be better offered by a crash specialist, copper or paramedic. Quote Link to comment Share on other sites More sharing options...
guest1957 Posted August 28, 2012 Report Share Posted August 28, 2012 (edited) If it is a summons failure to attend can be treated as contempt of court and attract fines or a stay at her majesty's pleasure. Reasonable travel expenses can be claimed in almost all cases. P.S. if a summons has been served your employer is obliged to give you the time to attend court. Edited August 28, 2012 by guest1957 Quote Link to comment Share on other sites More sharing options...
DaveK Posted August 28, 2012 Report Share Posted August 28, 2012 Your unit would likely give you a travel warrant. Quote Link to comment Share on other sites More sharing options...
Muddy Funker Posted August 28, 2012 Report Share Posted August 28, 2012 Firstly, the last I knew the court would pay reasonable travel expenses. Secondly, if you contact them and explain the situation, bearing in mind that you were not a witness to the accident, I would expect them to accept your written statement and not require you to attend. This answer, Try and speak with the prosecution and see if it can be arranged that your written statement is used, let him know you can't offer anything more if you were there in person. If you're required to attend you'll have to go, or you'll end up getting nicked. Quote Link to comment Share on other sites More sharing options...
Peskyfoxs Posted August 28, 2012 Report Share Posted August 28, 2012 On the summons to court the details of the copurts witness care unit should be listed, give them a call and they will explain what you can claim (there is normally a form you get when you attend the court that you use to claim expenses back) and may be able to help put you in touch with the cps lawyer/ OIC (officer in charge). Unless they say otherwise you have to appear. Staff from my office attend court for about 60 days a year and although its a pain the courts are generally helpful. Quote Link to comment Share on other sites More sharing options...
spiderlegs Posted August 28, 2012 Author Report Share Posted August 28, 2012 Your unit would likely give you a travel warrant. yea they do but only 4 for a certain period and iv already used 3 Quote Link to comment Share on other sites More sharing options...
guest1957 Posted August 28, 2012 Report Share Posted August 28, 2012 yea they do but only 4 for a certain period and iv already used 3 If it is a summons approved by the court your CO will be obliged to let you attend Quote Link to comment Share on other sites More sharing options...
happypig Posted August 28, 2012 Report Share Posted August 28, 2012 Speak with your platon commander. Give him the summons. It will not be the first time this the Army has had to arrange something like this. At the least you will get a rail warrant. This will be above your allocation as it is a "Duty" They might even provide transport (ok its a slim chance) If you fail to attend court, the worst case is a warrant for your arrest will be issued. Getting arrested will not be the best start for your career and is likely to result in a military charge s69 of the Army Act. Most certainly telephone the Witness care unit, the contact details will be on the summons. They will speak to the CPS on your behalf. It is likely though that the defence in this case will have called you as a witness. It is a well known tactic of the defence to call for all witnesses and when one does not turn up ask for the case to be thrown out. Do not be surprised to turn up at court to find the defence has asked for an adjournement to another date that you will also be required to attend. You will be ****** off by the time this has happened three times. When you attend. Ask to speak with the CPS lawyer prosecuting and stress how detrimental to your training this is. A letter from your platoon commander explaining that you are in training will assist the CPS in preventing simple adjournements. You will be able to claim expenses ( keep your receipts) By not turning up you are doing the injured person a disservice. Remember, this incident and the court appearance is a minor inconvenience. For them this may have had life changing consequenses and the court case will go a little way towards closure. Quote Link to comment Share on other sites More sharing options...
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